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VERNON, Conn. — A Connecticut judge has scheduled a hearing for arguments on whether he has the authority to release Kennedy cousin Michael Skakel from prison while he awaits a new trial in the 1975 slaying of neighbor Martha Moxley.

Judge Thomas Bishop will hold the hearing Wednesday in Rockville Superior Court.

Bishop ordered a new trial for Skakel, saying his trial attorney failed to adequately represent him in 2002 when he was found guilty of bludgeoning Moxley with a golf club. Skakel and Moxley were 15-year-old neighbors in wealthy Greenwich at the time of her death.

Prosecutors say Bishop doesn’t have the authority to grant bond because of an automatic stay of his ruling while they appeal.

Skakel’s attorney says Bishop does have the authority and keeping Skakel in custody would be a miscarriage of justice.

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Robert Kennedy Jr. and late wife Mary Richardson Kennedy
Joseph P. Kennedy and his wife Rosemary Kennedy pose with their nine children at Bronxville, N.Y., 1938. From left are, seated: Eunice, Jean, Edward (on lap of his father), Patricia, and Kathleen. Standing: Rosemary, Robert, John, Mrs. Kennedy, and Joseph, Jr.AP
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Rosemary Kennedy (third from the left) was believed to be suffering from mental illness, causing her father Joseph P. Kennedy Sr. to arrange a secret lobotomy. The failed lobotomy further damaged her mental capacity, and as a result, Rosemary was institutionalized until her death in 2005.
The oldest Kennedy son, Joseph P. Kennedy, Jr., died in a plane crash over the English Channel during World War II. He was 29. Getty
Kathleen Kennedy Cavendish (right) died in a plane crash in 1948 aged 28. Her husband, William John Robert Cavendish (left), died in World War II.
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John F. Kennedy reportedly had several affairs while president, including with Marilyn Monroe and teenage White House intern Mimi Alford.
Marilyn Monroe also reportedly had an affair with JFK's brother Bobby Kennedy. REUTERS/Jessica Rinaldi
Patrick Bouvier Kennedy, the infant son of President John F. Kennedy and First Lady Jacqueline Kennedy, died at 2 days old in 1963.Ron Sachs / CNP
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President John F. Kennedy was assassinated in Dallas, Texas on November 22, 1963. He was 46.©Warner Brothers/courtesy Everett Collection
John F. Kennedy Jr., 3, salutes his father's casket, Nov. 25, 1963.AP
Sen. Edward M. Kennedy - with his father Joseph P. Kennedy - recuperates after breaking his back in a 1964 plane crash.AP
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Sen. Robert F. Kennedy, moments before he was assassinated following a 1968 speech in Los Angeles.AP
Senator Edward M. Kennedy's car after a 1969 crash in Chappaquiddick. Mary Jo Kopechne, who worked with Bobby Kennedy before he was assassinated, died in the accident.Boston Globe /Landov
Edward Kennedy Jr., the son of Edward Kennedy, lost his leg to cancer in 1973, aged 12. He is seen here throwing out the first pitch at Shea Stadium.Getty
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David Anthony Kennedy (second from left), son of Robert, died of a of a drug overdose in 1984, aged 28. Everett
Jacqueline Kennedy Onassis died from cancer in 1994.AP Photo/Susan Ragan
Mourners say goodbye to Michael Kennedy, the son of Robert, who died in a 1997 skiing accident.
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John F. Kennedy Jr. and his wife Carolyn Bessette were killed in a 1999 plane crash.REUTERS/Mike Segar
Michael Skakel - Ethel Kennedy's nephew - prepares to surrender in 2000 to charges in connection with the 1975 beating death of 15-year-old Martha Moxley, a childhood friend.AP Photo/Douglas Healey
Sen. Edward M. "Ted" Kennedy was diagnosed with brain cancer in 2008 and died one year later.PAUL J. RICHARDS/AFP/Getty Images
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Kara Kennedy Allen, daughter of Sen. Edward Kennedy, died of a heart attack at age 51 in 2011.REUTERS/Brian Snyder/Files
Mary Richardson Kennedy died of an apparent suicide in 2012.AP Photo/Peter T. Michaelis
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